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Domestication of Out-of-State Judgments

Filing and Enforcing Foreign Judgments in New York Under the Uniform Enforcement of Foreign Judgments Act

When a judgment is issued in another state but the debtor has assets, income, or business activity in New York, the judgment must be “domesticated” here before enforcement can begin. New York has adopted the Uniform Enforcement of Foreign Judgments Act, which provides a streamlined procedure for converting an out-of-state judgment into a New York judgment. Once domesticated, it carries the same force and effect as any judgment originally issued by a New York court.

I regularly assist out-of-state creditors, attorneys, and businesses with filing and enforcing foreign judgments in New York. My approach is precise, efficient, and structured to move the process forward without unnecessary delay.

Why Domestication is Necessary

A judgment issued elsewhere cannot be enforced in New York until it becomes a New York judgment. Banks, employers, and third parties located in New York are not obligated to honor restraints or turnover demands issued under another state’s authority. Domestication creates the legal foundation for all enforcement steps that follow. Once the judgment is filed with the New York court:

it becomes enforceable under New York law,
the full range of enforcement tools becomes available (restraining notices, subpoenas, turnover proceedings, etc.),
interest continues to accrue,
New York’s 20-year enforcement period applies.

For creditors, domestication is often the turning point between an uncollectible judgment and a viable enforcement plan.

The Domestication Process

Domestication under CPLR Article 54 is generally straightforward, but accuracy and compliance are crucial. A misstep can delay enforcement or result in a rejected filing. The process typically includes:

obtaining an authenticated copy of the out-of-state judgment,
filing the judgment with the appropriate New York court,
serving notice of filing on the judgment debtor,
waiting the required statutory period before enforcement begins.

Once notice is properly served, enforcement may proceed unless the debtor seeks relief, which is uncommon and rarely successful unless the original judgment is defective or subject to valid jurisdictional challenges.

After Domestication: Beginning Enforcement

Once the judgment is recognized as a New York judgment, all enforcement mechanisms become available, including:

restraining notices to freeze bank accounts, receivables, or other assets,
information subpoenas to determine the debtor’s financial footprint,
turnover proceedings under CPLR §§ 5225 and 5227,
fraudulent-transfer litigation if assets were moved to evade collection,
actions against related companies, successor entities, or alter-ego corporations.

The domestication process is not the end goal — it is the doorway into meaningful enforcement.

Jurisdictional and Defenses Considerations

New York generally honors out-of-state judgments unless:

the issuing court lacked personal jurisdiction over the debtor,
the judgment has been satisfied or vacated,
the judgment is not final or enforceable in the issuing state,
the judgment was obtained through fraud on the issuing court.

These challenges are rare and typically arise only when significant defects exist. In most cases, domestication proceeds without substantial litigation.

Support for Out-of-State Attorneys and Creditors

Many of my domestication matters come from attorneys in other states who need local counsel to handle New York enforcement. I provide clear communication, structured updates, and an approach tailored to the creditor’s objectives. Because I accept a limited number of matters at a time, enforcement steps move forward promptly once the judgment is filed.

If You Need to Enforce an Out-of-State Judgment in New York

Whether the debtor lives here, does business here, or holds assets here, domestication is the necessary first step toward recovery. Once the judgment is recognized in New York, enforcement can begin immediately and strategically. Contact my office to discuss filing requirements and create a plan for enforcing the judgment in New York.

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